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Lemcon USA Corp. v. Icon Tech. Consulting Inc.

The appellant failed to follow the procedure for filing an application for discretionary appeal in its appeal from an order denying a motion to set aside pursuant to O.C.G.A. § 9-11-60 subsection d; accordingly, the Court dismissed the appeal.

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Lemcon USA Corporation appeals from an order denying its motion to set aside a foreign judgment that the judgment creditor, Icon Technology Consulting, Inc., filed in the State Court of Fulton County. For the reasons explained below, we dismiss this appeal.

1. As a threshold matter, we note that Lemcon filed a notice of direct appeal; it did not follow the procedure for filing an application for a discretionary appeal, which is required where the judgment appealed is an order denying a motion to set aside pursuant to OCGA § 9-11-60 d.1 Lemcon contends that, although it moved to set aside the default judgment pursuant to OCGA § 9-11-60 d, it also moved in the alternative to set aside the judgment pursuant to the inherent power of a trial judge, in the exercise of his or her discretion, to vacate a judgment during the same term of court in which the judgment is entered.2 Lemcon contends further that it filed its motion to set aside the default judgment in the same term of court in which the judgment was rendered and that the denial of the motion to set aside on that basis is a directly appealable final judgment. To determine whether we have jurisdiction over Lemcon’s appeal, therefore, we must determine whether Lemcon filed its motion to set aside the default judgment in the same term of court in which the judgment was rendered.

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